(영문) 대구지방법원 김천지원 2014.02.14 2014고정21

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(영문) 대구지방법원 김천지원 2014.02.14 2014고정21

도로교통법위반(사고후미조치)

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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 25, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court, and the said judgment became final and conclusive on November 2 of the same year.

At around 23:20 on September 21, 2012, the Defendant: (a) driven a BE car on a business basis; (b) proceeded in front of a restaurant that was located in the Gu-U.S.-U.S.-U.-U.S.-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type

The Defendant, by business negligence, destroyed the said SM5 car to the extent of KRW 1,458,428 of the repair cost, while leaving the site to the extent of KRW 618,504 of the repair cost, the Defendant did not take measures necessary for preventing danger and smooth communication on the road by leaving the site as it is, and leaving the site.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. H's statement of a traffic accident-related person;

1. The actual survey report and the occurrence of traffic accidents;

1. Written estimate;

1. Previous convictions indicated in the judgment: Application of the defendant's legal statement and investigation report (the confirmation report of the same criminal records) Acts and subordinate statutes;

1. Relevant provisions of Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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